ColumnsPeople’s Tribunal

Paying public servants on 42nd day of month is gross negligence

Court Clerk: All rise! It is honourable justice Mbadwa presiding. You might be public servants of all manner, but we have a court decorum which we ask you to observe and respect. The court is now in session.

Mbadwa: Counsel for the aggrieved public servants should come forward. What matter, which could not wait for the Eid al Fitr holiday, have you brought forth?

Counsel Ung’ono-ung’o no: My Lord, I want to first put this issue on record. I know this court encourages citizens to represent themselves in matters, but these public servants specifically asked me to represent them because they say the government they are working for is very vindictive. In short, they feared that they would later be singled out for firing when authorities start executing their trademark reprisals for exposing inadequacies of this administration.

Mbadwa: Counsel, I think we are not here to hear how spiteful some overzealous hiring authorities can be. State your case and why you have sought the indulgence of this tribunal.

Ung’ono-ung’ono: My Lord, this is already half-way through this month, but public servants have not yet been paid last month’s salary. Now, my clients are wondering why the Minister of Finance and Secretary to Treasury are not adhering to the contractual agreement which my clients were made to sign when they were being hired?

My Lord, most of my clients are now staying under trees after being evicted for failing to pay rentals because of the salary delay and you expect such people to perform at work? Where is the justice and the progress this government wants us to believe it espouses? This government has exposed some employees to the wrath of katapila dons who have confiscated most of their property, yet we hear the administration was wining and dining people who have contributed literally nothing to the development of the country in its 51 years of existence.

They are claiming that they used K300 million for the Independence Anniversary celebrations, but my Lord these people used more than that! They overspent. In fact, they used the entire public service wage bill to fund the celebrations or even more, leaving us destitute.

In fact, this government should just admit that it is broke. What more evidence would one need that they are broke? If they cannot pay my clients on time, it means they do not have enough. If the kwacha starts depreciating at a supersonic speed it means….

 

Mbadwa: Counsel, what has the depreciation of the kwacha got to do with your clients’ delayed salaries? Stick to the facts of the case.

 

Ung’ono-ung’ono: Pardon my being excited my Lord. We would like the Minister of Finance and his team to be jailed for gross negligence for failing to pay employees in time and for subjecting my clients to mental torture and public humiliation at the hands of katapila dons. We also want the court to jail them for abuse of office and resources.

 

Mbadwa: The people you want jailed do not seem to care and that is why they did not even attend this hearing. But wheels of justice cannot be stopped by such conduct. I will make my judgement. The question of whether the government used more than K300 million on celebrations, regardless of whether that is true or not is immaterial to this case. This is not a case about abuse of public funds or gross mismanagement thereof. Those who have proof of abuse of resources have an opportunity to start fresh proceedings on the same.

The depreciation of the kwacha is not relevant to your case. It has nothing to do with a government failing to pay its people. But I agree with you counsel that an employer has a contractual obligation to pay the employee at the agreed time.

If you cannot afford lavish celebrations, why hold them? It has been demonstrated that the hiring authorities like living beyond their means like village boys who want to impress rich girlfriends. This is reason enough for jailing them.

I hereby order that two weeks at the closed Mikuyu Prison will sober them up. May their property be sold to pay public servants whose property was confiscated through usury. Case closed. Thanks.

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